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08-16-1999 CC MIN e Members Present: Members Absent: Staff Present: Also Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 16, 1999 Mayor Klinzing, Councilmembers Dietz, Thompson, Farber and Motin None Lori Johnson, Finance Director; Sandra Peine, City Clerk; Michele McPherson, Director of Planning; Steve Wensman, Planner; Scott Harlicker, Sr. Planner; Peter Beck, City Attorney; Michele Bergh, Interim Community Recreation Director Louise Kuester, Planning Commission Representative; Stoffel Reitsma, Park and Recreation Commission Representative 1. Call Meetina To Order Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Klinzing. 2. Consider 8/16/99 Council Aaenda e Lori Johnson added Item # 7.1. to the agenda - Call Special Joint Meeting with Elk River Municipal Utilities for 8/30/99 at 5:00 p.m. COUNCILMEMBER MOTIN MOVED TO APPROVE THE 8116/99 COUNCIL AGENDA AS AMENDED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. e 3.7. 8/9/99 CITY COUNCIL MINUTES - APPROVED REQUEST BY WINDSOR DEVELOPMENT FOR PRELIMINARY PLAT APPROVAL, SEVEN OAKS, PUBLIC HEARING CASE NO. P 99-9 -- POSTPONED TO 9/20/99 CONSIDER SENIOR CITIZEN SPECIAL ASSESSMENT DEFERRAL REQUESTED BY JOSEPHINE KOONTZ FOR THE 1998 STREET OVERLAY PROJECT ON PARCEL 75- 460-0160 -- APPROVED UPDATE ON SEPTEMBER 18,1999, FIRE DEPARTMENT OPEN HOUSE AND REQUEST TO CLOSE 4TH STREET FROM JACKSON AVENUE TO RAILROAD DRIVE FROM 7:30 TO 11 :30 P.M. FOR THE FIRE DANCE - APPROVED REQUEST BY SHERBURNE COUNTY LIONS FOR TEMPORARY 3.2 PERCENT ON-SALE BEER LICENSE FOR 9/25/99 AT THE SHERBURNE COUNTY FAIRGROUNDS - APPROVED REQUEST FROM SHERBURNE COUNTY LIONS FOR TEMPORARY ON-SALE LIQUOR LICENSE FOR 9/18/99 TO ALLOW SALE OF LIQUOR AT THE ELK RIVER FIRE DEPARTMENT FOR THE ANNUAL FIRE DEPARTMENT DANCE - APPROVED REQUEST FOR MARK THOMPSON, ASSISTANT PARK/STREET SUPERINTENDENT TO ATTEND THE NATIONAL APWA CONFERENCE - APPROVED City Council Minutes August 16, 1999 Page 2 e COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Boys and Girls Club Update Council member Daryl Thompson noted that a program director has been hired for the Boys and Girls Club. He informed the council that the Boys and Girls Club is the recipient of a $250,000 matching grant. He further noted that the club has recently received other contributions. 4.2. Utilities Commission Update Councilmember Dietz updated the council on the 8/10/99 meeting of the Elk River Utilities Commission. He stated that the Utilities Commission discussed the combined water/sewer superintendent position. He noted that Commissioner Zabee has requested that an opinion be obtained from the Attorney General's Office regarding this issue. Following council discussion, it was the consensus that an opinion from the Attorney General's Office would be a long process. It was suggested that the city's third party attorney contact the Utilities' attorney to discuss the issue and possibly reach a consensus, which would negate the need of an Attorney General's opinion. 4.3. Community Recreation Update e Council member Motin indicated that the Community Recreation Board approved the 1999 budget. He indicated that discussions were held by the Board regarding the possibility of relocating the Community Recreation office at the Emporium. He further noted that it was the consensus of the Board that the relocation take place. COUNCILMEMBER MOTIN MOVED THAT THE CITY AGREE TO HOUSE THE COMMUNITY RECREATION OFFICE IN THE EMPORIUM BUILDING AND THAT THE CITY NOT INCUR ANY CAPITAL COSTS ASSOCIATED WITH THIS RELOCATION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Councilmember Farber stated that he had concerns with the location, due to the development that will take place across the street. He noted that the development may be a detriment to the people that need to access the building. Councilmember Dietz indicated that traffic may not be a problem in that location, as the people will be visiting the building at off-peak traffic hours. THE MOTION CARRIED 5-0. Michele Bergh informed the council that registration growth has increased from by 26 percent from last year. 4.4. Northstar Corridor Update e Scott Harlicker, Sr. Planner, informed the council that the Station Area Planning Committee reviewed three possible station locations in Elk River. The station locations are as follows: the east side of Proctor Avenue, the east side of Jackson Avenue, and the northwest corner of 171 st Avenue. He noted that the preferred City Council Minutes August 16, 1999 Page 3 e location of the Station Area Planning Committee is 171 st Avenue. Scott indicated that the city has until August 20th to comment on the recommended location. Mayor Klinzing opened up the comments to the public. Barb Maricle - stated that she favors the downtown location. She noted that she has concerns about the 171 st Avenue location due to the trucking activities that take place in that area. Harold Novotny - noted that he does not feel that the truck traffic will cause any conflicts with the commuter traffic at the 171 st location, because the trucks will probably be using the area at different times than the commuters. The City Council discussed the pros and cons of the downtown location versus the 171 st Avenue location. It was noted that accessibility to the commuter rail station could be a problem at the downtown location. Discussion was held regarding the lack of parking area in the downtown location and the congestion problems that would take place with the commuter rail station downtown. It was noted by the council that there would probably be no significant benefit to the downtown area if the station was to be located there. It was further noted that the 171st Avenue location would be easier to access. e Louise Kuester, Planning Commission Representative, noted that the Planning Commission favored the 171st Avenue location. She stated that the Planning Commission has concerns with the stacking of traffic in the downtown area and also felt that the traffic congestion of the commuter parking would overlap with school traffic. She noted that the Planning Commission also has concerns regarding design standards for the downtown area, as it did not want an image of a large parking lot in the city's downtown area. Stoffel Reitsma, Park and Recreation Commission Representative, stated that if the city is considering redeveloping downtown that this would be a good opportunity. He stated that locating the depot at 171 st Avenue is the easy way out. It was the consensus of the City Council that it preferred the 171 st Avenue location, as it was more practical and provided easier access. The council recessed at 7:05 and reconvened at 7:15. 5. Open Mike No one appeared for open mike. 6.1. Reauest bv Novco, Inc. for a Zone Chanae from 11 to PUD, Public Hearina Case No. ZC 99-6 Request by Novco, Inc. for Conditional Use Permit to Allow Truckina Facility, Public Hearina Case No. CU 99-27 6.2. e Michele McPherson presented the staff report for these two issues. She noted that Harold and Garnett Novotny of Novco, Inc. have requested a rezoning of a parcel of property from 11 Light Industrial to PUD, Planned Unit Development. She also noted that the Novotny's have requested a conditional use permit for site plan improvements to occupy an existing 7,500 square foot building. The City Council Minutes August 16, 1999 Page 4 e property is 1.2 acres in size and is located at 11090 171st Avenue. Michele noted that the Planning Commission recommended approval of both requests and stated that staff also recommends approval. Mayor Klinzing opened the public hearings for Items 6.1 . and 6.2. There being no one to speak on either of these items, Mayor Klinzing closed the public hearings. COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 99-28 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM 11 LIGHT INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT, CASE NO. ZC 99-2 WITH THE FOLLOWING CONDITIONS: 1. THAT THE REZONING IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN AND ZONING ORDINANCE. 2. THAT THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT USES. 3. THAT THE REZONING IS CONSISTENT WITH THE CITY'S ECONOMIC DEVELOPMENT STRATEGY TO PROMOTE BUSINESS RETENTION WITHIN THE COMMUNITY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY HAROLD AND GARNETI NOVOTNY OF NOVCO, INC. TO ALLOW SITE IMPROVEMENTS TO OCCUpy AN EXISTING 7,500 SQUARE FOOT BUILDING WITH THE FOLLOWING CONDITIONS: 1. CURB AND GUTIER SHALL BE INSTALLED AS INDICATED ON THE PLAN TITLED "CURBS" AND DATED 6/30/99. 2. CITY APPROVED CURB STOPS SHALL BE INSTALLED AROUND THE AREA NOTED "CLASS 5" AS INDICATED ON THE PLAN TITLED "EXISTING SITE" AND DATED 6/30/99. 3. IF GRADING OCCURS SOUTH OF THE BUILDING, A GRADING PLAN SHALL BE SUBMITIED FOR APPROVAL BY THE CITY ENGINEER PRIOR TO COMMENCEMENT OF GRADING ACTIVITIES. THE GRADING PLAN SHALL INDICATE THE USE OF RETAINING WALLS WHERE NECESSARY. 4. UNDERGROUND IRRIGATION SHALL BE INSTALLED AS INDICATED ON THE PLAN TITLED "IRRIGATION" AND DATED 6/30/99. 5. LIGHTING SHALL BE INSTALLED AS INDICATED ON THE PLAN TITLED "LIGHTS" AND DATED 6/30/99. 6. A SIGN PERMIT SHALL BE OBTAINED PRIOR TO CHANGING THE SIZE, MATERIAL, OR LOCATION OF THE SIGN. e 7. THE APPLICANTS SHALL CONNECT TO MUNICIPAL UTILITIES BY THE FALL OF 2001. City Council Minutes August 16, 1999 Page 5 e 8. THE LANDSCAPING SHALL BE INSTALLED AS PROPOSED ON THE PLAN FROM STEVE'S ELK RIVER NURSERY AND DATED 717/99. TREES SHALL BE INSTALLED AT THE SIZES INDICATED IN THE ORDINANCE. 9. THAT THE PROPERTY BE PLATTED IF, IN THE FUTURE, ADDITIONS OR ALTERATIONS ARE PROPOSED TO THE BUILDING. 10. NO OUTDOOR STORAGE OF TRASH SHALL BE PERMITTED WITHOUT A PROPER TRASH ENCLOSURE, BUILT TO COMPLY WITH CITY STANDARDS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Reauest bv Citv of Elk River for Ordinance Amendment Reaardina Non- Conformina Uses Michele McPherson stated that the City of Elk River has requested approval of an ordinance amendment to reduce the time frame of compliance of discontinued non-conforming uses from one year to six months. Michele noted that the 1999 Legislature removed amortization as a tool for cities to remove non-conforming or undesirable land uses. Michele noted that the Planning Commission voted to recommend that the City Council approve the amendment as proposed. Mayor Klinzing opened the public hearing. e There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 99-29 AMENDING SECTIONS 900.34 AND 900.42 OF THE CITY CODE OF ORDINANCES CASE NO. 99-13. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Conditional Use Permit Inspection Update Steve Wensman indicated that he has prepared a compilation of the conditional use permits, and is in the process of inspecting conditional use permits for compliance. The council reviewed the conditional use permit inspection log provided by Steve Wensman. 7. Other Business 7.1. Call Special Joint Meetina with the Elk River Municipal Utilities e Finance Director Lori Johnson indicated that the Elk River Municipal Utilities requested a joint meeting with the City Council on August 30, 1999, at 5:00 p.m. to discuss the issue of a joint sewer/water superintendent. Lori indicated that a special meeting has already been called for August 30 to discuss the 2000 budget. It was the suggestion of the council to inform the Elk River Utilities Commission that it was agreeable to hold a special City Council/Utilities meeting on September 7, 1999, at 5:00 p.m., following the September Utilities Commission meeting. Lori Johnson indicated that she would discuss this issue with the Utilities manager. City Council Minutes August 16, 1999 Page 6 e 8. Staff Updates 8.1 . Eull Special Assessment Mediation Update Lori Johnson spoke to the council about the outcome of the Eull special assessment mediation regarding the east Elk River project assessment appeal. She indicated that the mediation was successful. She indicated that a resolution would be presented to the council on September 13th regarding the outcome of the mediation. 9. Adiournment There being no further business, the meeting of the Elk River City Council adjourned at 7:40p.m. ~~~p Sandra Peine City Clerk e e